Appeal court rejects man's challenge of being refused Irish citizenship on national security grounds

By Ann O'Loughlin

The Court of Appeal has dismissed a man's appeal against a refusal by the State on national security grounds to allow him to become an Irish citizen.

The man, who cannot be identified for legal reasons, does not know the basis for the conclusion that his application for naturalisation is contrary to national security interests.

He has been living in Ireland for more than 25 years after being given refugee status.

He applied for a certificate of naturalisation on several occasions but was turned down.

In 2014 the High Court ruled he was entitled to inspect some but not all parts of documents held by the State in regards to his background.

The court also ruled the State should provide a more detailed reason for the decision not to grant the man a certificate.

The man made a fresh application for naturalisation, which was also turned down by the Minister for Justice.

As part of that decision, the man was provided with a report setting out national security/international relations concerns that arose in his case.

The report added the man's right to specific reasons was outweighed by national security interests in maintaining the confidentiality over the information concerned.

The man says he has no idea what is being levied against him. He claims the accusations are mistaken and he is of good character.

The man, who claims he has been denied the right to correct damaging accusations against him behind closed doors, brought High Court proceedings aimed at quashing the Minister's decision.

In 2016, Ms Justice Carmel Stewart dismissed the man's action, which he appealed.

Today, the three-judge court comprised of Mr Justice Michael Peart, Mr Justice Gerard Hogan and Mr Justice Paul Gilligan unanimously dismissed the appeal.

In his judgment, Mr Justice Gilligan said the interests of national security in his view "outweighs" the man's position.

From the man's perspective, the Minister's decision appears to be unfair. The reality was there is no better solution available, he said.

The Minister had used his discretion not to release the content of certain material to the man on national security grounds.

There is no formal procedure in Ireland where an independent body can examine a document over which privilege is claimed on national security grounds to consider if it can be released to an unsuccessful applicant seeking Irish citizenship

The judge said he could find no fault with the High Court's decision which involved a comprehensive review of the facts and submissions of the respective parties and an analysis of the legal principals applicable.

There was no reason for the Appeal Court to set aside the Minister's decision.

In his concurring judgment, Mr Justice Hogan dismissed the man's claim his EU rights had been breached.

The judge said the man's EU rights had not been breached because he has never been an Irish or EU citizen.

The judge also said the EU Charter had no application in this case because the decision of any EU member state to grant citizenship represents an exercise of its own national sovereignty and does not involve EU law.